The reason Marvel did not win is because CoH's lawyer proved that they players that had created Marvel IP and play in game were Marvel employees. CoH had a reporting process in place and players were very proactive in self-policing because they did not want to see a repeat. The lawyer, by the way got a standing ovation at HeroCon.
As for the current Overlords, I don't think they've said anything, but just because this is not an authorized server doesn't mean Marvel/DC/etc won't swing a hammer.
Personally, I think it best to err on the side of caution and avoid characters that outright copy someone's IP.
I remember the case and that Marvel lost, did not know the players making the Marvel characters were Marvel employees. There's no better lulz than a self-defeating lulz.
I've always preferred making my own characters rather than re-making those of others, but I understand it. You can't swing a dead cat in DC Universe Online without seeing a Captain America, Hulk, Deadpool or Jean Grey/Phoenix clone, it wasn't much different back in the early days of CoH. Here's just a few examples from DCUO:
From what I understand they are considered homages by fans (like an animated fan art) and thus get around the IP issue. As long as money isn't being made specifically off of their likenesses I don't see this going to court again.